What Happens After an Arrest?

What happens after an arrest?

If you’re arrested, you’ll either be taken into custody or granted bail.

Bail allows you to stay in the community while awaiting trial, but it comes with strict conditions – like living at a specific address, not leaving the state without permission, and financial security if breached.

The prosecution must prove why you shouldn’t get bail, not the other way around. A Magistrate will consider the seriousness of the offence, risk of reoffending, and any prior breaches.

Breaching bail is serious – penalties include up to $10,000 in fines or 2 years in prison.

Here’s more from our Partner and Criminal Lawyer, James Caldicott.

If you get arrested, what happens next?

Once under arrest, you will either be taken to jail or granted bail from custody. Bail is essentially an agreement for you to be released into the community whilst you wait for your matter to proceed.

If you are arrested and not granted bail immediately, you’ll be taken before the Magistrates Court the following day or that afternoon where you can apply for bail before a magistrate.

Most bail agreements have mandatory conditions which must be imposed.

These include residing at a particular residence, a monetary amount not to leave the state without prior approval, and certain firearm conditions.

Unlike America ordinarily, the monetary amount on your bail agreement does not need to be paid only in circumstances where you have breached your bail.

Generally speaking, there is a presumption in favour of bail. This means it’s a matter for police or prosecution to establish that you should not get bail, not the other way around.

There are certain serious offences where there is a presumption against getting bail.

This means you will need to establish special circumstances for your release.

These offences can be domestic violence related offences, certain firearm offences and certain drug offences.

If you are before the Magistrates Court and applying for bail, the magistrate will take into account a number of circumstances as to whether you should be granted bail.

Remember, you do have the presumption of bail in the ordinary course.

These factors include how serious the offence is and the need for the alleged victim’s protection, whether or not you are at risk of absconding, whether you’re going to re offend or whether or not there are other prescribed circumstances that need to be taken into account.

Your health and personal protection will also be considered, and also any other relevant matter that the court may see fit to consider.

Remember, if you’ve been granted bail, it’s important that you show up to each and every court of tenants unless you’ve been advised otherwise.

It’s also important that you remember to comply with each and every condition that you’ve agreed to.

If you’ve been granted bail, your bail agreement will be in force for the entirety of the matter unless it has been varied or revoked.

Bail agreements can be varied upon an application being made to the court to do so.

Such a variation may include travel interstate or even overseas.

Remember, it’s important that you comply with each and every condition of your bail agreement.

Don’t even think about trying to leave the state without prior approval.

Breaching a term or condition of your bail is a serious offence.

It can carry with it up to a maximum of a $10,000 fine or even two years imprisonment.

Bail is a complex matter. Getting it wrong can have serious consequences.

If you live in South Australia and need help applying for bail or varying a bail agreement, give our office a call.

FAQ’s About What Happens After Being Arrested

If you get arrested in South Australia, here are some commonly asked questions about what happens next.

What happens if I’m arrested in South Australia?

After being arrested, you may be taken to jail or granted bail. If you’re not granted bail immediately, you’ll be brought before a magistrate the next day or later that afternoon to apply for bail.

What conditions will be placed on my bail in South Australia?

Bail conditions can include residing at a particular address, restrictions on travel, a monetary bond (which is only payable if you breach bail), and sometimes conditions related to firearms or other specific matters.

What happens if I breach my bail conditions in South Australia?

Breaching a bail condition is a serious offence in South Australia. You could face a fine of up to $10,000 or even two years of imprisonment. It’s crucial to comply with all the terms of your bail agreement.

What factors do magistrates consider when granting bail in South Australia?

Magistrates consider several factors when deciding whether to grant bail, including the seriousness of the offence, the risk of reoffending, whether you’re a flight risk, the need to protect victims, and your health and personal circumstances.

Can my bail agreement be changed in South Australia?

Yes, a bail agreement can be varied if you apply to the court for a change. This could include permission to travel interstate or overseas. It’s essential to follow all conditions and seek legal advice before making any changes to your bail.